With a recent decision from the California Supreme Court, Lawson v. PPG Architectural Finishes, 503 P.3d 659 (Cal. 2022), whistleblowers in California will face fewer legal obstacles when claiming that their employer retaliated against them for their whistleblowing activities.
California’s whistleblower protection law, codified under California Labor Section 1102.5, protects private and public employees from retaliation. Section 1102.5 prohibits an employer from retaliating against an employee when the employer believes that the employee disclosed information to a government or law enforcement agency or to a supervisor or other person with authority to investigate, or that the employee provided information or testimony to any public body conducting an investigation. Cal. Lab. Code § 1102.5(b). The employee must have a reasonable belief that the employer was engaging in conduct that violated a state or federal law, rule, or regulation. The statute also prohibits an employer from retaliating against an employee for refusing to participate in an activity that would result in a violation of a state or federal law, rule, or regulation. Cal. Lab. Code § 1102.5(c). Section 1102.5 creates a private right of action for California whistleblowers who face retaliation for reporting wrongdoing against their employers.
In Lawson, the plaintiff sued his former employer in federal court under section 1102.5 and claimed that he was terminated for reporting allegedly fraudulent conduct at...
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